ORDINANCE G-04-___

AN ORDINANCE concerning: THE CARROLL CREEK OVERLAY DISTRICT

FOR the purpose of amending Section 22 of the Zoning Ordinance of The City of Frederick

BY deleting SECTION 22: FEE SCHEDULE in its entirely and

BY adding SECTION 22: CARROLL CREEK OVERLAY DISTRICT REGULATIONS

SUBSECTIONS 22.01-22.14

CITY OF FREDERICK ZONING ORDINANCE (adopted February 6, 1986, subject to subsequent amendments).

____________________________________________________________________________________

SECTION 1: BE IT ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF FREDERICK, MARYLAND, that Section 22 of the Zoning Ordinance of The City of Frederick, Maryland, 1986, be amended by deleting Section 22: Fee Schedule in its entirety and by adding Section 22: Carroll Creek Overlay District Regulations, Sections 22.01 through 22.14 as follows:

SECTION 22: CARROLL CREEK OVERLAY DISTRICT REGULATIONS

22.01 Purpose

(a) The Carroll Creek Overlay District (“CCOD”) controls development in the Carroll Creek Park Corridor. The Carroll Creek Park Corridor is described in the document entitled Carroll Creek Park Design Development Standards (hereinafter the “Design Standards”), dated November 7, 2003, which document is hereby incorporated by reference. The City hereby adopts the Design Standards as legislative findings as if they were set out in their entirety herein.

(b) This district establishes design standards to guide the new construction and rehabilitation of buildings, streetscapes, and creekscapes within the Carroll Creek Park Corridor.

(c) The City finds that the standards established in this District accomplish the following objectives:

(1) To reinforce and build upon Frederick’s cultural, historical, and architectural assets;

(2) To create a high quality, pedestrian- and multi-modal-friendly environment in the Carroll Creek Park Corridor;

(3) To establish a shared public-private partnership that promotes and achieves high quality development and design in Carroll Creek Park Corridor;

(4) To ensure that structured and surface parking is not visible from Carroll Creek Park;

(5) To minimize the negative impact of large paved surfaces such as surface parking lots on the quality of the visual environment.

(6) To create a development pattern that connects the different areas and elements within Carroll Creek Park Corridor, without promoting design uniformity;

(7) To reinvigorate the Carroll Creek Park Corridor’s existing commercial areas and residential neighborhoods and promote new mixed-use development in Carroll Creek Park Corridor as a means of infusing around-the-clock activity into the area;

(8) To establish a coordinated approach to the City’s development review and regulation processes and to more clearly communicate the City’s development policies for the Carroll Creek Park Corridor;

(9) To effectuate a fair and predictable development review process within Carroll Creek Park Corridor through the use of design development standards and a coordinated review process;

(10) To convey the interests of the community of Frederick through well written, clearly understood development and design standards.

22.02 Scope

(a) Applicability

This section applies to any site improvements, development, use, or change of use within the Carroll Creek Overlay District, as qualified by Section 22.02(b)(2).

(b) Relationship to Other Ordinances

(1) The standards and procedures established by this Section do not supersede any state, county or municipal approval procedures, except as provided below.

(2) Portions of the Carroll Creek Overlay District also fall within the City’s Frederick Town Historic District established by Article III of Chapter 5. Streetscape, additions, rehabilitation, renovation, replacement buildings, and demolition of buildings within the Frederick Town Historic District shall comply with the requirements of the Frederick Town Historic District (Chapter 5, Article III) and the HDC Guidelines. New construction in the Frederick Town Historic District shall comply with this section. However, this section only applies to new construction within the Frederick Town Historic District. This section does not apply to the streetscape, additions, rehabilitation, renovation, replacement buildings, or demolition of buildings within the Frederick Town Historic District. Streetscape, additions, rehabilitation, renovation and demolition of buildings outside of the Frederick Town Historic District shall comply with this Section and the requirements of the underlying zoning district.

Table 22- 1: Applicability of Frederick Town Historic District Design Guidelines: Standards and Guidelines for New Construction

(3) If any standard established by this Section is more prescriptive than another applicable local ordinance, code or guidelines, the standard established by this Section applies.

22.03 District Boundaries

The boundaries of the Carroll Creek Park Corridor are as established in the Zoning District Map. A copy of the boundaries is attached as Figure 1 below for the convenience of the reader. To the extent that there is any inconsistency between Figure 1 and the Zoning District Map, the Zoning District Map controls.

Figure 1: Carroll Creek Overlay District boundaries (unofficial)

• Density

(a) All new residential or mixed use development within the Carroll Creek Overlay District is subject to the standards outlined in Section 4.03. For the purposes of this section, the minimum lot area per dwelling unit may be reduced by the Planning Commission from 725 to 580 square feet of lot area per dwelling unit if the following criteria are met:

• One parking space per dwelling unit shall be provided on site.
• A minimum of 10% of the building footprint must be dedicated to public use. Public use space includes, but is not limited to, public courtyards, public pathways, public meeting rooms, public gardens, pocket parks, public restrooms, or any other public use approved by the Planning Commission;
• Traffic level of service (LOS) on all abutting roads must be at a level “C” or higher during both the peak AM and PM hours. The LOS must be determined by a third party traffic study submitted with the site plan and confirmed by the City of Frederick. If any abutting road has a level of service of “D” or below, increased density will not be allowed on the site.

• Architectural Non-Conformity

(a) Within the Carroll Creek Overlay District, properties that do not comply with the provisions of Section 22.11, Architectural Standards, may continue to be used in their current condition as legal non-conformities. All other non-conformities are subject to the provisions set forth in Section 9 of the Zoning Ordinance. However, any exterior alterations not considered part of normal maintenance and upkeep of a non-conforming property must be reviewed by the Reviewing Authority. If the building is demolished or vacant for more than one year, any and all new construction on the site must conform to these regulations.

(b) The Reviewing Authority may authorize a modification from the standards of Section 22 provided all the following findings are made:

• That because of physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provision of Section 22;
• That the applicant has demonstrated the physical circumstances or conditions precluding conformity with this section was not created by the applicant;
• That granting the modification will be in harmony with the general purpose of the Carroll Creek Overlay District;
• That the modification is the least necessary to afford relief from this section.

(c) In granting the modification, the reviewing authority may prescribe appropriate safeguards and conditions in conformity with this section. Violation of such conditions and safeguards, when made as part of the terms under which the modification is granted, shall be a violation of this Ordinance.

22.06 Non-Permitted uses

The permitted uses within the CCOD are the same as those in the underlying zoning district, except that the following uses are not permitted:

(a) Drive-through uses.

(b) Automobile, truck or other vehicle sales.

(c) Fuel sales.

(d) The wholesale or retail sale or distribution of automobiles and other motor vehicles, motor vehicle supplies, tires, and new and/or used parts or accessories.

(e) Establishments primarily engaged in providing repair and maintenance services for automotive vehicles.

(f) Outdoor storage yards unless completely screened.

22.07 Yards and setbacks

(a) Building Setbacks and Orientation

The front setback for all new construction in the CCOD shall conform to the following. All other setbacks shall comply with § 4.03. To the extent that there is a conflict between this section and §4.03 for any setback, this section shall govern.

(3) The Zoning Administrator may adjust the front setback established in subsection (1) where the average established front setback on developed lots on the same block face is more than ten (10) feet. The front setback on such lots shall not vary more than five (5) feet from the average setback.

(4) If one or more courtyards pierce the front elevation, a wall shall maintain the building's front setback.

22.08 Parking

(a) Generally

The number of parking spaces required, parking space dimensions, and all other parking regulations are subject to Section 14 of the Frederick City Zoning Ordinance, except as provided below.

(b) Location and Number of Spaces

(1) In order to provide for adequate off-street parking while maintaining design flexibility, off-street parking required by the Zoning Ordinance shall be located:

a. on the same parcel as the use that it serves, or

b. the same or adjacent block as the use that it serves subject to subsection (2).

(2) The purpose of this section is to provide for adequate parking within a reasonable distance of the proposed use, while maintaining flexibility for uses with different peak parking periods. Where parcels within a block are developed by different owners, any required off-street parking requirements shall be accommodated on the same block or adjacent block as the development, unless a written joint use agreement is submitted. The joint use agreement shall be submitted along with an application for site plan review. The joint use agreement shall be considered and approved, approved with conditions, or denied as part of the site plan review. Any approved joint use agreement shall be considered necessary to site plan approval. The applicant shall record a binding restrictive covenant that incorporates the joint use agreement in the Land Records of Frederick County. The joint use agreement shall bind the deed or parcel through a legally enforceable agreement. The joint use agreement shall include the following:

a. The entire land area subject to the agreement; and

b. The owner or owners of all structures then existing on such land area; and

c. All parties having a legal interest in such land area and structures; and

d. Evidence that is sufficient to establish the status of applicants as owners of parties in interest; and

e. Plans showing the location of the uses or structures for which off-street parking facilities are required; and

f. The location of the off street parking facilities; and

g. The schedule of times used by those sharing the parking facilities in common.

(3) Developments that contain a mix of uses on the same parcel, as set forth in Table 22.08-1 below, may reduce the amount of any required parking in accordance with the following methodology:

a. determine the minimum parking requirements in accordance with Table 22.08-1 for each land use as if it were a separate use,

b. multiply each amount by the corresponding percentages for each of the five time periods set forth in Columns (B) through (F) of Table 22.08-1,

c. calculate the total for each time period, and

d. select the total with the highest value as the required minimum number of parking spaces.

Table 22.08-1 Shared Parking Ratios

evidence that related to the parking demands of the proposed use. If a use changes to another use in a different category, the Zoning Administrator shall determine if additional parking is required by applying Table 22.08-1. No zoning certificate shall be approved for the change in use until such additional parking is required.

(4) The minimum number of required parking spaces for a lot or parcel for a use that is located within one-quarter (¼) of a mile from a transit station shall be reduced by fifty percent (50%). This subsection does not apply where parking has been reduced pursuant to § 14.05§ 14.05.

(c) Structured Parking

In order to minimize the view of parking areas from public places such as streets and Carroll Creek Park, the location and design of public and private parking structures shall comply with the following:

(1) Parking structures shall have non-parking active uses on that portion of all building floors that abut a street facing wall.

(2) A parking structure shall not exceed the height of adjacent structures (see § 22.11(b)(1).

(3) No floors of a parking structure shall have frontage on a street or Carroll Creek.

(4) The architectural treatment of parking structures that are visible from the public right of way shall have the same form, scale, massing, rhythm, exterior building materials, colors and textures as adjacent structure(s) on the same block.

(5) Directional signs shall be located at pedestrian entrances and exits to parking structures.

(6) Pedestrian entrances and exits to parking structures shall be accessible from public streets and Carroll Creek.

(7) Public parking structures shall include public restrooms, bike lockers, and vending machines. Private parking structures exceeding 100 spaces or 20,000 square feet shall include restrooms, bike lockers, and vending machines. The Reviewing Authority may waive this requirement if it finds that such facilities are available to the public on the same lot or parcel, or on other parcels on the same block. Restrooms and bike lockers shall not be visible from the

public right of way, but shall be visible to the parking attendant. The restrooms shall be made visible from parking spaces in the lot through the use of signage, the placement of the bathrooms relative to parking spaces, and similar wayfinding techniques. The lighting of parking structures shall comply with the security requirements of the Illuminating Engineering Society of North America, IESNA Lighting Handbook (9 th Ed. 2000), which document is hereby incorporated by reference.

Example of bathrooms obscured from public right of way but within sight of parking attendant

(d) Surface Parking

In order to minimize the view of parking areas from public places such as streets and Carroll Creek Park:

(1) Required surface parking shall be located within the same or adjacent block as the use;

(2) Surface parking shall not be visible from the public right-of-way;

(3) Off-street parking shall not abut the boundary of a street right-of-way or Carroll Creek Park unless it complies with all of the following standards:

a. Such parking areas are not permitted unless the Planning Commission grants a modification pursuant to § 6.12. The Planning Commission shall not grant a modification unless the proposed parking lot does not exceed 10 spaces and:

1. the proposed use is located on a lot that does not exceed fifty percent (50%) of the average lot size on the same block; or

2. bedrock, sinkholes, or similar topographical restrictions preclude the construction of underground parking; or

3. the street and lot have an unusual configuration and the parking will not disrupt the continuity of the streetscape. Examples of “unusual configurations” include panhandle lots, triangular lots, or lots where parallel lot lines vary in length by at least twenty five percent (25%)..

b. Such parking areas shall be screened with a brick or stone wall. For the purposes of this section, front yard walls may be allowed provided they meet the criteria put forth in this Section. The wall materials shall match the exterior building materials of the principal use. The wall shall have a minimum height of three (3) feet and a maximum height of four (4) feet. The wall shall comply with Sections 10.05(2) and 13.01(2) of the Zoning Ordinance and the Manual of Uniform Traffic Control Devices. That portion of the wall elevation facing a public right-of-way shall have one of the following: (1) an 18-inch high seat wall incorporated into the wall, or (2) benches placed along the wall elevation and facing a public right-of-way. If benches are used, at least one (1) bench shall be placed along every 50 feet or fraction of 50 feet of road or creek frontage.

(4) Planting beds for perimeter and interior parking lot plant materials shall be separated from parking spaces and access aisles by concrete or masonry barrier curbing.

(5) Parking lots shall be separated from sidewalks, streets, or alleys by an open space between the parking area and the edge of the right-of-way. The open space shall be at least five feet in width, or three feet if curb stops are used. This area shall be planted with grass, or shrubbery, and a minimum three (3) foot high brick or stone wall as required by §22.08(e)(3)(b) A wall is not required where the parking area abuts an alley.

(6) Interior parking lot plant materials shall be spaced so as to divide lots into groups of parking spaces. Parking lots shall have one planted island and one shade tree per twenty parking spaces. Planting islands shall:

a. Have a minimum size of 160 square feet.

b. Have dimensions of at least 9 feet in width and 18 feet in length.

c. Spaced at intervals not exceeding 150 feet.

(7) A minimum of 5 percent of the total area of the lot shall be dedicated to planted areas. Plant materials, such as hedges, trees, ground covers, and grass, may be installed in areas of a parking lot that are not devoted to parking spaces, lanes, or other uses.

(8) The required landscaped area for parking lots (see § 11.05) shall be decreased by 25 percent where:

a. At least 25 percent (25%) of all outdoor vehicular pavement area consists of decorative pavement, such as brick; or

b. at least 50 percent of all outdoor pedestrian pavement area consists of decorative pavement, such as brick.

(e) Temporary parking lots

Improved temporary parking lots may be established on vacant lots or in conjunction with development projects in order to accommodate vehicles associated with the construction activities. Temporary parking lots are permitted for a period not exceeding one calendar year from the date of initial use. No temporary parking lot shall be established until a zoning certificate is issued. Paving materials for temporary parking lots must be approved by the City Department of Engineering as a dust-free surface, consistent with the Standard Specifications and Details published by the Department of Engineering and incorporated herein by reference.

22.09 Services and Loading

(a) Generally

Service and loading areas shall not be visible from the public right-of-way or Carroll Creek Park, except as provided in the following section.

(b) Loading Areas and Refuse Containers

(1) Loading areas and refuse containers shall either be located internal to the building they are intended to serve, or external to the building subject to the standards established in subsection (2), below.

they shall not be visible from the public right-of-way. External loading areas and refuse containers shall be screened on all sides with a minimum six foot (6’) high wall with the exception of the access opening. Pedestrian and vehicle access shall be screened by a solid operable gate of the same height as the wall. The walls, gates, and doors shall be:

a. attached to the exterior walls of the principal structure; and

b. finished with the same exterior materials as the principal structure, except that gates may be constructed of metal, except as limited in 22.10(b)(1).

(3) Loading areas shall be accessible via an operable solid gate and/or door.

(4) Refuse containers shall be placed on a concrete pad with sufficient strength to prevent them from sinking into asphalt or soil. The containers themselves shall be enclosed on all sides with an operable door for inserting refuse.

• A common refuse container may be shared between uses on separate lots that do not have sufficient area to store refuse with the submittal of a shared access agreement signed by all parties involved. The refuse container shall comply with the screening requirements listed above.
• All tenants must comply with applicable sections of Chapter 10 of the Frederick City Code.

(c) Ground Mounted Equipment

(1) Mechanical equipment shall be installed in a manner that will not destroy or damage a building's character-defining elements or facade details.

(2) Ground-mounted mechanical equipment shall be located within a loading area unless the location is not feasible. Where this location is not feasible, mechanical equipment shall be located where it is not visible from the public right-of-way and adjacent properties. A location within the loading area is not considered “feasible” where the lot size is inadequate to normal loading operations that are customary for the use and mechanical equipment that does not exceed the size that is customary for that type of building or structure.

(d) Roof Mounted Equipment

Roof mounted mechanical units or utility equipment shall be screened from the public right-of-way and adjacent properties. The method of screening shall be integrated with the structure in terms of its architectural form, materials, color, shape and size. Equipment shall be screened by building elements (such as a parapet wall) rather than through add-on screening (such as wood or metal slats).

(e) Supply and Exhaust Vents

No supply or exhaust vents shall be located along the public right-of-way or within 20 feet of any pedestrian entrance.

(f) Sound

Frederick City Code, §§ 15-21 to 15.21.8 is included in this section by reference. Property owners are responsible for notifying and informing their tenants of events that may reach the maximum decibel levels allowable in the City's Noise Ordinance.

(g) Communication Antennas and Satellite Dishes

The City hereby finds that the Carroll Creek Overlay District is an area with unique aesthetic values and character, and that the unregulated proliferation of communication antennas and satellite dishes would significantly degrade the appearance of the district and its ability to attract new commercial and residential development in this area. The City also finds that the regulations established below are no more burdensome to satellite users than is necessary to achieve the health or safety objectives established above. Accordingly, the following standards apply to the establishment of any communication antenna or satellite dish in the Carroll Creek Overlay District:

(1) Communication Antennas shall comply with Sections 4.04(14) and 5.04(13) of the Zoning Ordinance as well as the following requirements.

(2) Communication Antennas are permitted in commercial districts where they are accessory to an established use. Communication Antennas, including ancillary appurtenances, or equipment enclosures, shall be camouflaged and aesthetically compatible with buildings in the district. Such facilities may have a secondary function including, but not limited to, the following: church steeple, bell tower, spire, clock tower, cupola, light standard, flagpole with a flag, or similar elements.

(3) Communication Antennas are permitted in residential districts where they are accessory to an established use. These structures shall be located in the rear yard, and shall not exceed the maximum building height for the underlying zoning district.

(4) Communication Antennas and support structures that are not attached to a building are not permitted in the CCOD unless they are not visible from the public right-of-way.

(5) The Reviewing Authority may grant a modification of these sections pursuant to § 6.12 where the applicant demonstrates that the proposed modification is needed to comply with state or federal law.

(h) Utilities

(1) This subsection applies to utilities such as electric, telephone, cable, gas, sewer, and water (hereinafter “utilities”).

(2) Utilities shall be placed underground in new construction or installation of new utility infrastructure.

(3) Utilities shall provide for interconnections such as the installation of sleeves for future extension of piping, shared, and oversized utility connections between buildings and shared entry courts or loading areas.

(4) Exposed exterior mechanical, electrical and plumbing elements such as storage tanks, cooling equipment, air conditioning units, and processing equipment shall not be visible from the public right-of-way. These elements shall:

a. incorporate or continue the same materials, rhythm and scale as the building facade; and

b. shall be screened from adjacent properties , public right-of-way, and public streets in accordance with the City’s Zoning Ordinance.

(5) Utility boxes such as gas and electric meters and cable and telephone boxes shall be located in the service and/or loading areas of the building they service. Utility boxes shall not front onto public rights-of-way, streets or Carroll Creek Park unless they are screened completely from view by mature landscaping or building materials that are the same as the principal building.

22.10 Pedestrian Access/Linkages

(a) Building Frontages and Entrances

(1) Buildings that front on a street or Carroll Creek Park shall have their primary entrances located along the street edge and/or Carroll Creek Park.

(2) If a building fronts both Carroll Creek Park and a street, it shall have a primary entrance located along both the street edge and Carroll Creek Park. If a building fronts on a primary and secondary street, the primary entrance shall be on the primary street.

(b) Crosswalks

(c) Pathways

Private sidewalks are required frontage improvements for all development, both new and reuse, within the Carroll Creek Linear Park, and shall be directly linked to the public sidewalk/pathway system. Inter-block pedestrian linkages are permitted. Permitted paving materials on private sidewalks are brick, concrete pavers, and concrete. Asphalt is prohibited except for designated bikeways.

(d) Private Walkways

(1) Applicants for site plan or special exception approval shall provide private walkways that comply with this subsection (d).

(2) Private walkways shall connect with the existing and adopted public sidewalk and pathway systems and motor courts, buildings, and public spaces.

(3) Private walkways connected to a residential use shall be a minimum four (4) feet wide. Scoring patterns and materials shall conform to the existing adjacent public sidewalk system, and any additional public sidewalk improvement standards adopted by the City of Frederick.

(4) Applicants for site plan or special exception approval shall provide covered walkways at building entries and porte cocheres.

(e) Bikeways

Bikeways located on private property shall connect to, or be aligned with, the City’s adopted bikeway plan. Paving material shall be asphalt or other surface found by the Reviewing Authority to be of equivalent durability and smoothness. Where a bikeway serves both bicycles and pedestrians, the materials required in subsection (c) apply.

(f) Active Uses; Relationship of First Floor to Carroll Creek Park

Buildings shall have active uses along the ground floors that abut public streets and Carroll Creek Park.

Active Uses

22.11 Architectural Standards

(a) Corner Buildings

Buildings, except single family residences, that abut the corner of two public rights of way shall include at least one of the following elements along that portion of the façade that abuts the corner: bay windows or similar projections along the upper stories, or a recessed entryway extending at least twelve (12) feet in height or eight (8) feet in width.

(b) Architectural Features

1. Height

be a minimum of nine (9) and a maximum of twenty (20) feet.

b. Mechanical service units or rooms that exceed five (5) feet in height shall be counted as part of the overall building height.

2. Upper Floor Step Backs

3. Massing, Rhythm and Spacing

a. This section applies to the massing of new buildings or additions to existing buildings. For purposes of this subsection (2), “mass” or “massing” means the enclosed volume that constitutes a building's exterior form.

b. The dominant massing of a building shall face Carroll Creek Park or a public street. Buildings that abut multiple right-of-ways shall include the dominant mass along each public right of way. For purposes of this subsection, the “dominant mass” means the mass that includes the highest façade elevations through the use of parapet walls, cornices, towers, dormers, or similar elements, and that contains the primary entrance.

c. The front elevation of new buildings shall have a vertical orientation. Buildings subject to subsection (4).b, below, shall be broken into modules along the front façade that have a vertical orientation.

4. Transition

The horizontal alignment/banding (e.g., cornice line and window height) of an infill building shall vary by not more than two (2) feet in the vertical direction from buildings on abutting lots.

5. Wall Articulation

a. Facades shall be divided into a series of structural bays (i.e., masonry piers that frame window and door elements) for every thirty (30) feet or less in horizontal length.

b. This subsection applies to buildings with front façade lengths that exceed the average frontage of buildings on the same block face or forty (40) feet in horizontal length, whichever is less. The front façade of such buildings shall be divided into structural bays that do not exceed the average frontage along the same block face. Structural bays consistent with subsection shall be formed by:

c. Storefront design at the ground level that includes: 1) a series of display windows that are divided by smaller panes of glass divided by muntins and mullions in a traditional configuration; 2) constructing the facade with brick or decorative tile along bulkheads; 3) providing recessed entries; 4) the use of panel signs, non-panel signs, or projecting signs; and 5) providing consistent door and window reveals.

6. Windows

a. This subsection (5) applies to any façade elevation that faces a public street or Carroll Creek Park.

b. The minimum percentage of façade elevations that shall be in glazed materials is as established in Table 22-2. Colored, reflective or mirrored glazing shall not be used to satisfy this requirement.

c. Windows shall have a minimum proportion of horizontal length to vertical height of 1:2, and maximum proportions of 1:3.

d. Clear glass (at least 80 percent light transmission) shall be used on all floors.

e. Storefront windows shall not be located closer than 18 inches from the ground (bulkhead height). The maximum bulkhead height for new construction is 36 inches.

f. Permanent, fixed security grates or grills are not permitted in front of windows. Security grills are permitted only inside the building behind the window display area. Security glass may be used in lieu of grates or grills.

g. Existing transom windows shall be retained. If the ceiling inside the structure has been lowered, the ceiling shall be stepped up to meet the transom so that light will penetrate the interior of the building.

Table 22- 2 Glazing Standards

7. Architectural Lighting

a. Architectural lighting is permitted. Lighting sources shall be incandescent fixtures.

b. Sodium vapor lighting sources and general flood lighting of building exteriors is prohibited.

c. Applications for site plan or special exception approval shall include an illumination impact plan. The illumination impact plan shall address the fixture, design, color, location, and vertical and horizontal illumination levels for all lighting and effects on adjacent properties.

d. Original fixtures that conform to the HDC Guidelines, if present, shall be preserved and repaired whenever possible.

e. Period light fixtures are not permitted unless there is documented evidence that a particular fixture was used in the original use of the building. The period fixture shall be historically accurate and compatible with the period of the building. The fixture shall be appropriate in scale to the building or element to which it is attached. To prevent damage to the historic fabric, new period fixtures shall be attached through the mortar joints, not the masonry.

8. Skywalks

a. Skywalks are prohibited in the public right-of-way.

b. Skywalks in areas outside of the public right-of-way shall require a modification granted by the Reviewing Authority, as defined in Section 22.14. A modification will not be granted unless the skywalk complies with the following criteria:

• The skywalk shall not exceed sixty (60) feet in length.
• The exterior materials shall be the same as those used on the buildings to which the skywalk is attached.
• That portion of a skywalk that is visible from the public right of way shall comply with the glazing standards for upper floors as established in subsection (5), above.

(c) Materials

(1) Generally

a. The exterior building façade materials of commercial buildings shall be composed of one dominant veneer material on the first level and one or two additional materials as accents. The dominant veneer shall include the materials permitted by subsection (2), below. Accent materials include glazing, wood, or masonry. The dominant material shall comprise a minimum of fifty percent (50%) of first floor elevation.

b. Building materials for dwelling units shall be either brick or wood frame.

c. Applications for site plan or special exception approval shall include exterior material selections. Sample building-material panels shall be provided to the RA along with any application for approval of a site plan or Frederick Town Historic District Commission certificate of approval.

(2) Permitted Materials

Permitted exterior building façade materials include brick; stone; terra cotta; wood; metal; or limestone. Stucco or plaster is permitted if it is located no closer than 3’ to grade and does not exceed twenty percent of the overall non-window façade area. Ceramic tile and terra cotta are permitted in that portion of the CCOD that lies within the Frederick Town Historic District if the Historic District Commission determines that it is consistent with the Frederick Town Historic District Design Guidelines.

(3) Prohibited Materials

The following materials are not permitted: aluminum, vinyl, and concrete siding; glass curtain walls; painted brick; concrete masonry units (CMU); unfinished and painted CMUs; or synthetic stucco (exterior insulation finishing system (EIFIS).

(d) Façades Facing onto a Street and/or Carroll Creek Park

(1) Generally

The primary building elevation facing onto a street and/or the creek shall have defining elements that differentiate the first floor from the upper façade. Defining elements include design elements such as entries, windows, awnings, grill work, piers, cornices and fascia.

Cornice

Storefront

Upper Facade

(2) 1st Floor/Storefront

a. Entries / Doorways

The main entry to a building, leading to a lobby, stair or central corridor shall be emphasized at the street level to announce a point of arrival in one or more of the following ways:

1. Flanked columns, decorative fixtures or other details;

2. Recesses within a larger arched or cased decorative opening;

3. Covered by means of a portico (formal porch) projecting from or set into the building face (refer to Section 15.04 of the Zoning Ordinance for allowable projections);

4. Punctuated by means of a change in roofline, a tower, or a break in the surface of the subject wall;

5. Distinctions achieved through changes in materials, color, and addition of awnings.

Buildings situated at the corner of a public street shall provide a primary entrance that is at least twelve (12) feet high and five (5) feet in width. Recessed entries are permitted, but shall not exceed five (5) feet in depth.

b. Windows

See subsection (b)(5), above.

c. Awnings and canopies

1. Awnings shall have a durable, commercial grade fabric, canvas or similar material having a matte finish. Glossy or shiny plastic or similar awning materials are prohibited.

2. Awnings shall have a single color or two‑color stripes. Bright and/or contrasting colors are not permitted. The awning colors shall complement the colors of the building they are intended to serve and the proposed street furnishings. In the event of a dispute between the applicant and the RA as to compliance with the standard, the characteristics of brightness, contrast, or complementary colors shall be measured in accordance with the Pantone® Pallette, Ostwald Model, Munsell Model, or other generally accepted color reference system.

3. When there are several businesses in one building, awnings of a compatible color may be used with signs on the valance flap that may vary in type style and color to differentiate the individual businesses within the building.

4. Where the facade is divided into distinct structural bays, awnings shall be placed within the vertical elements rather than overlapping them.

5. Closed sided awnings that cover the awning frames are permitted. If open sided awnings are used, the frames and supports shall be of painted or coated metal or other non-corroding material.

6. Internally illuminated awnings and canopies that glow are prohibited.

7. The awning shape at the front elevation shall relate to the window or door opening. Barrel-shaped awnings shall be used to complement arched windows while square awnings shall be used on rectangular windows.

8. Awnings shall be well‑maintained, washed regularly and replaced when faded or torn.

9. Awnings or canopies shall have a shed or triangular shape on its perpendicular side. Awnings and canopies shall not have a looping or circular shape.

d. Grillwork / Metalwork and Other Details

The following details are permitted on the first floor at ground level:

1. Light fixtures that are wall-mounted or hung with decorative metal brackets.

2. Metal grillwork at vent openings or as decorative features at windows, doorways or gates.

3. Decorative scuppers, catches and down-spouts, preferably of copper.

4. Balconies, rails, finials, corbels, plaques, or similar items.

5. Flag or banner pole brackets.

6. Fire sprinkler stand pipe enclosures and hose bib covers, preferably of brass.

7. Security devices.

(3) The Upper Façade

The following standards apply to floors that lie above the first floor at ground level:

a. Cornice and Fascia

Cornices or fascias shall not exceed four (4) feet in their vertical dimensions or ten percent (10%) of the vertical length of the façade, whichever is less. For purposes of this subsection, the vertical length of the façade is measured from the finished grade to the top of the cornice or eave.

b. Windows

For existing buildings, the proportions of restored windows and the rhythm of the window pattern shall replicate the original facade design as closely as possible.

c. Shutters

Shutters are permitted for residential uses only. Shutters shall be composed of wood, operable, and fit the opening to which they are adjacent. The use of both shutters and awnings for the same window is prohibited.

d. Gutters and Downspouts

Gutters can be a metal ogee, half-round, or integral to the eave or cornice. Round or square downspouts shall be used and held to the corners for a side gable, or placed around the corner for hipped roofs. Intermediate downspouts shall be tucked into an inside corner. If there is no inside corner, a downspout shall be placed at a logical division between two building segments.

e. Roof Form and Materials

1. Permitted styles and forms include gable, shed, hip, flat, or complex roofs.

2. Secondary roof forms created by dormers, porches, entries, bays and projections shall not comprise more than fifty percent (50%) of the roof area. New dormers shall be aligned with the facade windows or located between the openings below. The pitch of the dormer shall conform to that of the main roof. Shed dormers are permitted for roof slopes that are not visible from the street or Carroll Creek Park. If such dormers are to be used in a new construction project, they shall be included in secondary elevations.

3. Permitted roofing materials include standing seam metal or slate. Rubber roofing systems can be used on roofs that are not visible. Buildings that use fiberglass asphalt shingles or other materials shall be considered a special exception, and the asphalt shingles shall be flat and uniform in both color and texture. Wood shingles or synthetic materials that imitate wood are not permitted for new construction.

4. Roof pitches that create overly prominent or out-of-character buildings (e.g., A-frames, or geodesic domes) are prohibited.

f. Balconies and Roof Terraces

Balconies and roof terraces are permitted. If these elements are used, the elevations that incorporate the balconies shall be presented as part of an application for approval of a site plan, special exception, building permit or certificate of appropriateness.

g. Chimney Placement

Chimneys are not required for commercial or residential structures. If chimneys are used, they shall be placed only at either end of a side-gable or symmetrically located toward the center of the building. If the structure is symmetrical, the chimneys shall also be placed symmetrically. If the overall form is irregular, then the chimneys shall be placed where a balance with the overall massing of the structure will be achieved.

h. Skylights

Skylights shall be located only on secondary elevations that are not visible from street level, pedestrian pathways, or the public right-of- ways and shall be integrated into the overall roof form. Skylights shall have a flat, sloped surface. Buildings that incorporate dome or bubble type skylights are considered a special exception. The total skylight area is limited to 10% of the corresponding floor area.

22.12 Streetscape & Creekscape Elements

(a) Retaining Walls

Retaining walls shall be made of brick or stone. The coping cap may be pre-cast concrete, stone or brick. Retaining walls that incorporate Split Face Block/CMU require a modification. The applicant must prove that they are architecturally necessary based on special physical features of the lot. Unfinished and painted CMUs or wood ties are not permitted. Economic hardship will not be considered a reason for varying from any architectural standard.

(b) Fencing and Walls

(1) Fences and decorative railings that are composed of cast iron, metal, fabricated steel and aluminum are permitted. Fences and gates shall be constructed of steel, cast iron, or other painted metal. Chain link, barbwire, stockade, split rail, alternating board, exposed steel, exposed galvanized metal, permanent cyclone, vinyl, and other synthetic fencing types are not allowed. Wood fences are permitted within underlying residential zoning districts when the RA determines that they are architecturally compatible with building forms and materials. Location of fencing must also comply with Section 10.06 and may not be placed in any residential front yard.

(2) Solid brick walls and fences are not permitted for use on individual commercial, retail, and office lot frontages within the Carroll Creek Park Corridor unless they are used to screen surface parking (see § 22.08).

(c) Furnishings

(1) Generally

a. Furnishings placed along pathways shall maintain a minimum 4 foot wide clear space to comply with ADA standards.

b. Furniture along a street shall have an adequate minimum setback of 4 feet from the face of the curb to avoid damage from trucks and automobiles.

c. Furniture colors shall be dark with a glossy, rather than matte, finish. Dark green, dark blue, black and silver are permitted.

(2) Benches

The placement of benches shall not obstruct pedestrian movement. Backed benches are required, except where views are available in both directions, in which case unbacked benches may be permitted by the Reviewing Authority. Benches shall have arm rests at least every four linear feet. Art benches of other materials, such as stone or concrete, are permitted and do not require arm rests. The design and location of benches shall be designated on the site plan.

(3) Trash Receptacles

Trash receptacles shall be provided in public plaza areas, open green spaces, parks and other sections of the Carroll Creek Park Corridor designed for pedestrian activity. Permitted materials are stone, pre-cast concrete, and metal. Trash receptacles shall have removable liners and lids. The design, quantity, and locations of trash receptacles shall be designated on the site plan.

(4) Bicycle Racks

Bicycle racks shall be located adjacent to bike paths, surface parking lots and in designated areas along Carroll Creek. Bicycle racks shall be painted metal. The design, quantity, and locations of bicycle racks shall be designated on the site plan.

(5) Tree Grates

Tree grates are permitted only on plazas, courtyards, outdoor dining areas, and along streets within the Carroll Creek Park Corridor. Tree grates are permitted only where sidewalk dimensions or pedestrian movement prohibit the use of tree planting beds. If tree grates are used, the maximum size units shall be installed to provide additional root space for the trees. For sidewalks not exceeding eight (8) feet in width, tree grates shall be 4-foot by 8-foot or 5-foot by 10-foot in dimensions. Under no circumstances shall a grate smaller than 4-by-8 feet or 6-by-6 feet be used. Tree grates shall be cast iron with individual openings not exceeding one-quarter (¼) square inch in area.

The planting bed shall be designed so that the sidewalk (if cast-in-place) is suspended over a continuous planting trench in which the soil has been amended. Alternatively, sand set paving units are permitted in a continuous band between the street trees to allow drainage and root growth. Root aeration strips shall be placed parallel to the curb-line between tree pots. Thin strips will provide a place for tree roots to grow.

Electrical service for seasonal lighting shall be provided via flush mounted waterproof outlets at the base of the tree.

(6) In-Ground Planters

In-ground planters shall be elevated with a one foot high maximum coping edge or curb edge and planted with ground cover or low shrub masses. In-ground planters are permitted only in areas where a walkway width of at least eight feet from building face can be maintained.

(7) Container Planters

Seasonal containers are permitted near building entrances and in other approved pedestrian zones. Location, number, and type of containers shall be designated on the site plan. The owner is responsible for planting and maintaining plant material in the containers. Plants in the containers may be counted towards landscaping requirements specified in Section14. Acceptable materials for containers are concrete, stone, and pottery. Plastic containers are not permitted.

(8) Bollards

Bollards may be used to restrict vehicles from entering into or parking in pedestrian only areas. Bollards may be placed at 4- to 8-foot intervals along the street edge and shall be a minimum four (4) to six (6) inches in diameter. Concrete and metal are acceptable materials, but fiberglass or wood materials are not acceptable. If bollards are used in areas requiring emergency vehicle access, removable bollards shall be used.

(9) Telephone Enclosures

Telephone enclosures shall be decorative in nature and integrated into the building facade.

(10) Outdoor Dining

Tables and chairs used for outdoor dining shall be iron or metal. Plastic chairs and tables are prohibited. In outdoor dining areas where alcohol is served, the dining area must be contained by three foot high planters spaced no more than three (3) feet apart, or fencing/screening made of metal, iron, cast iron or brick, or a combination thereof. The area must comply with all Frederick County liquor licensing requirements.

(11) Vending Machines

Outdoor vending machines, such as Automatic Teller Machines (ATMs), food and drink machines and mail drop boxes, are prohibited outside of buildings and in surface parking lots.

(12) Newspaper Stands

Newspaper vending machines shall comply with the existing Frederick Town Historic District Design Guidelines and any other applicable requirements of the Frederick City Code.

(d) Lighting

(1) Pedestrian Level Lighting

Pedestrian lights shall be set on 12 to 14 foot poles at 70 to 120 foot intervals. “Acorn” fixtures are permitted in any location. Wall-mounted fixtures are permitted only where located in alleys. Double-headed fixtures are permitted only along pedestrian zones. Otherwise, single-headed fixtures shall be used along the streets, Carroll Creek Park, and alleys. Light sources shall have a white color. Sodium Vapor lighting standards are not permitted.

(2) Lighting of Off-Street Parking Areas

Light fixture illumination at motor courts, surface parking lots, and artistic works shall be provided from indirect sources such as landscape lighting, bollard lights, accent uplighting and downlighting. Where used, pole-mounted sources shall have a controlled cutoff reflector and shall match public street lighting fixtures. Light sources shall produce a white light. Colored lenses are prohibited. Lighting shall be positioned and/or screened to minimize light spillover to adjacent sites and communities.

(e) Signage

(1) Generally

Where not specifically called out below, all signs must comply with Section 15 of the Zoning Ordinance.

(2) Permitted Signs

The following sign categories are permitted in the CCOD:

a. Panel Signs.

b. Non-panel Signs.

c. Projecting or Hanging Signs.

d. Neon signs may be incorporated into the allowable signage for uses within this district. However, neon signs are not allowed on the exterior of any building, nor are they allowed within 5’of a window or door for any use.

(3) Prohibited Signs

The following signs or sign characteristics are not permitted:

a. Signs with flashing or blinking lights.

b. Internally illuminated cabinet signs.

(4) Integration with Buildings

Signage shall not obscure existing architectural details such as windows, awnings, canopies, cornices, fascias, transom windows, or building entrances.

(5) Size and Location

The size and location of all signs shall conform to Section 15 of the Zoning Ordinance, except as follows:

a. Signs attached to the front façade shall not exceed four (4) feet in the vertical dimension or ten percent (10%) vertical length of the façade, whichever is less. For purposes of this subsection, the vertical length of the façade is measured from the finished grade to the top of the cornice or eave.

b. The maximum area of all signs for buildings exceeding fifty (50) feet in length on the front elevation shall not exceed one (1) square feet per linear foot of building frontage.

(6) Projecting and Hanging Signs

Projecting and hanging signs in the Carroll Creek Park Corridor shall not extend more than 30" into the public right-of-way. The bottom of the sign must be at least 8' from the ground. Attachments for projecting signs shall be installed into mortar joints rather than into the brick or stone. A projecting sign may not project more than 30 inches beyond the surface to which it is affixed.

(7) Lettering and Finishing

Lettering and graphics may be painted or carved onto the background of the primary materials.

(8) Lighting

Indirect light, such as gooseneck fixtures, are permitted for signs.

(9) Building Directories

Building directories for multi-tenanted buildings may be substituted for the installation of a sign for each tenant.

(10) Preservation of Sign Features

The following signs or sign features that exist as of the effective date of this ordinance shall be retained:

a. Painted signs. Painting over or removing painted signs of a historic nature is not permitted and in general, the sign shall remain as it existed on the effective date of this ordinance. This subsection does not apply to a legal nonconforming use or to a sign installed for a new building tenant.

b. Mosaic and tile sidewalk signs shall remain. Missing or damaged tiles shall be repaired or replaced by the new tenant with materials approved by City Planning Staff.

22.13 Review and Approval Process

The review process for applications for development approval within the CCOD is as follows:

(a) Generally

The Planning Commission shall review site plans and subdivision plats for the entire area of the CCOD. No application for site plan or subdivision plat approval shall be approved by the Planning Commission within the CCOD unless it finds that the applicant conforms to the standards established in this Section 22 as well as all other applicable City standards.

(b) Areas within CCOD and Frederick Town Historic District

Applications for approval within those portions of the CCOD that lie within the Frederick Town Historic District shall be reviewed by the Historic District Commission (HDC). No application for a certificate of approval within the CCOD shall be approved by the HDC unless it finds that the applicant conforms to the standards established in the HDC guidelines or Section 22, whichever is applicable.

( c) Modifications

Modifications to the landscaping, property access, parking and loading, parkland, skywalks, and architectural standards of this section ( §§ 22.06-22.10) may be granted by the Planning Commission pursuant to § 6.12. Economic hardship will not be considered a reason for varying from any standard established in § 22.11.

22.14 Terms and Definitions

The words, terms and phrases used in this Section have the meanings assigned in Section 2 of the Zoning Ordinance and the following:

Active Use:

paint and allied products manufacture or processing; paper products manufacturing; primary metal working; funeral homes; storage and warehousing; or any other use not expressly enumerated above as an Active Use. Adult bookstores and adult entertainment centers are not considered “active uses.”

Architectural Lighting:

Lighting fixtures that are incorporated into the building facade, such as accent lighting, downlighting, valance lighting, luminous ceilings, or track or fluorescent lighting that is built into a recess or projection of the façade.

Balcony:

An elevated platform of narrow width projecting from the wall of a building and enclosed by a railing or parapet.

Block:

A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to development.

Block Face:

That portion of an exterior boundary of a block that lies between two intersections. For purposes of this definition, an “intersection” means the intersection of two or more streets or another barrier to development as described in the definition of “block,” above.

Block, Concrete Masonry Unit/Concrete Block (CMU):

A hollow or solid Portland cement product, fine aggregate, and water, that is molded into various shapes.

Block Core:

The internal area within a block.

Block, Parged:

Concrete block with a coat of plaster.

Brick:

Baked clay or shale product that is solid or cored not in excess of 25%.

Building Story, Building Floor:

For the determination of building height, 12 feet of exterior elevation shall be considered one story or floor.

Bulkhead:

A base that supports a storefront display window.

Character Defining Elements:

Building features that: (1) make a structure unique and different from other buildings, or (2) are characteristic elements of a particular architectural style, technique or architect, or (3) provide a building its unique identity. These include, but are not limited to, exterior building materials that include brick, stone, stucco, terra cotta, or wood; windows, shutters, and transoms; porches; roofs; cornices; bulkheads; piers; display windows; transoms; entrances; doors; parapets; or exterior or attached lighting.

Character Defining Elements for Storefront

(Source: Frederick Town Historic District Design Guidelines)

Commercial District:

Any of the following zoning districts: R-O Residential - Office; B-O Office Commercial; B-1 Neighborhood Commercial; B-3 General Commercial; DR-B Downtown Residential Limited Commercial; DB-O Downtown Office Commercial; DB Downtown Commercial/Residential; M-1 Limited Employment (Mixed-Use; Employment Development); M-2 General Employment (Mixed-Use; Employment Development); M-O Planned Industrial.

Concrete Paver:

A Portland cement product formed to a selected shape to be used for a paved surface.

Continuity:

The rhythm formed by the spacing and juxtaposition of buildings and streetscape elements along a sidewalk or Carroll Creek Park.

Cornice:

The horizontal top of a façade that projects from the surface, typically where the roof intersects the wall.

Creekscape:

The general appearance of Carroll Creek Park with respect to the structures, trails, sidewalks, open space and the number and proportion of trees and other vegetation within Carroll Creek Park.

Decorative:

Special treatment or application such as texture or color used in building materials, walls, concrete finishes, or other building elements in order to provide ornamentation, but not required for the operation of the essential systems and components of a building. For walls or fences, “decorative” refers to fences constructed of masonry or ornamental iron, or white picket fences, but does not include wood slats, wire mesh or chain link fencing. The reviewing agency may approve other treatments, materials, applications, or colors that are substantially similar to those enumerated in this section.

Drive-Through Use:

An establishment that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or to be entertained while remaining in their motor vehicles.

Exterior Insulation and Finishing System (EIFS):

An exterior finish for a building composed of polystyrene foam covered with a synthetic stucco; this type of stucco (in contrast to traditional, porous cement-based stucco) is water proof and is sprayed on.

Fascia:

A flat board with a vertical face that forms the trim along the edge of a flat roof, or along the eaves of a pitched roof. The rain gutter is often mounted to the fascia.

Form:

The physical configuration of a structure or building and its components including roofs, doors, windows, and facades.

Entrance, Main or “Main Pedestrian Entrance”:

An entry into a building that faces or abuts a sidewalk, walkway, or a plaza, and that is open to customers, employees, and other users of a building during normal business hours. A loading area does not constitute the “Main Pedestrian Entrance” for a building. In parking decks the main entrance is the principle means of ingress and egress by vehicles.

Entrance, Primary or “Primary Pedestrian Entrance”:

The main pedestrian entrance located along a street, Carroll Creek or both.

Entrance, Secondary:

Entrances that are not intended for public use.

Glass Curtain Wall:

An external non load-bearing wall that is suspended on the face of a building like a curtain.

Glazing or Glazed Materials:

The panes or sheets of glass or other transparent material made to be set in frames, as in windows, doors, or mirrors.

HDC Guidelines:

The Frederick Town Historic District Design Guidelines, which requirements are incorporated by reference.

Infill Development:

A structure placed between two existing buildings.

Loading Area:

An off-street space used exclusively for loading and unloading of goods and materials from delivery vehicles.

Manual on Uniform Traffic Control Devices:

The Manual on Uniform Traffic Control Devices adopted by State Highway Administration pursuant to the Maryland Transportation Code, § 25-104.

Massing:

The form and shape of the various parts or elements of a building or structure and their relationship to each other in the overall design of the building or structure or a sequence of buildings or structures.

Motor Court:

A paved outdoor area adjacent to a building used by vehicles for short term parking and for dropping off and picking up pedestrians.

New Construction:

A new structure of any size.

Parapet:

A protective wall that extends above the roof of a building.

Parking Structure:

A structure that includes at least one (1) level or floor that is used exclusively for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade. Levels located at grade are enclosed by walls and a ceiling. Levels or floors that are located above grade may be either open or enclosed.

Pedestrian Zone:

Building entrances, sidewalks abutting the front façade of a building or parking area, pedestrian pathways, or similar areas that the Reviewing Authority determines will receive pedestrian traffic volumes similar to these areas.

Pier:

A vertical façade element that frames an opening. An “opening” includes a window, door, or similar break in the facade.

Primary Façade:

The elevation of the building that is facing a street, Carroll Creek or both; the "architectural front(s)" of a building.

Recessed Entry:

A recess or niche located on the front façade of a building and which leads to a principal entry. A recessed entryway is unenclosed on the side adjoining the sidewalk, plaza or public right-of-way, enclosed on the opposite side with a wall containing a doorway, and enclosed on the other sides.

Rehabilitation, Building or Rehabilitation of Buildings:

Any of the following work, as defined by the Rehabilitation Code, which is undertaken in an existing building:

• Repair;
• Renovation;
• Modification;
• Reconstruction;
• Change of occupancy; and
• Addition.

For purpose of this definition, the “Rehabilitation Code” means the Maryland Building Rehabilitation Code (2001) published by the published by the Maryland Department of Housing and Community Development, Maryland Revitalization Center, which document is hereby incorporated by reference.

Replacement Building:

New construction in the Frederick Town Historic District of any size or use that is built on a lot or lots where a contributing historic structure was originally sited and subsequently destroyed, in any manner whatsoever including by neglect, since the adoption of this Ordinance on September 2, 2004.

Residential District:

Any of the following zoning districts: A-1 Agriculture; R-1 Low Density Residential; R-2 Low Density Residential; R-3 Medium Density Residential; R-4 Medium Density Residential; R-5 High Density Residential; R-6 High Density Residential; R-7 High Density Residential; DR Downtown Residential; DRB Downtown Residential, Limited Commercial; and R-O Residential-Office.

Reviewing Authority:

For applications that are within the CCOD but not the Frederick Town Historic District, the “Reviewing Authority” means the Planning Commission. For applications that are within the CCOD and the Frederick Town Historic District, the “Reviewing Authority” means the Historic District Commission and the Planning Commission.

Rhythm:

A regular pattern of shapes that occur within a building or structure, including windows, doors, façade projections, and heights.

Roof, Complex:

A roof that consists of more than one roof form, and including at least one of the following: cross gables, towers, steeples, spires, cupulas, pyramids, parallel or cross-hipped formers, hip-on-gable forms, dual-pitched with hipped forms, or gable-on-hip forms.

Complex Roof

Roof Terrace:

An open air structure on a roof serving as an outdoor living area.

Satellite Dish:

An accessory structure that allows the direct reception and/or broadcast of signals to or from geostationary earth communications satellites.

Scale:

The proportions of parts of a building or structure to one another and to the human figure.

Sign, Hanging:

A Projecting Sign that hangs from a bracket or support and is suspended by chains or hooks.

Sign, Internally Illuminated Cabinet:

A sign attached to a building that is formed by an enclosed cabinet with copy on one or more sides, and which encloses an integrated light source that can shine through the sides or face of the sign.

Sign, Neon:

A sign comprised of or containing gas-filled tubing exposed to view.

Sign, Non-panel:

Sign that is applied directly to a display or transom window, an awning valence or the building surface.

Sign, Panel:

Sign that is applied directly onto a placard or panel. The placard or panel is attached to a wall surface other than a window, door, or similar architecturally open space.

Sign, Projecting:

A sign, other than a wall sign, that is attached to and projects in a perpendicular fashion more than twelve (12) inches, but not more than 30 inches, beyond the surface to which it is affixed.

Split Face Block CMU:

A CMU, split lengthwise by a machine after curing to produce a rough, fractured face texture.

Storefront:

That portion of the ground floor of a non-residential building consisting of an entryway and windows, and that is leased to or occupied by an individual tenant, business, or other entity. The term “Storefront” does not necessarily imply that a building has a retail commercial use; storefronts are simply the first floor facade of a building that faces the street and connects with the sidewalk.

Streetscape:

The general appearance of a block or group of blocks with respect to the structures, setbacks from public rights-of-way, open space and the number and proportion of trees and other vegetation.

Streetside:

For the purposes of defining on what building face upper floor step backs shall be placed, the street side is the street on which the new building has a City of Frederick approved address.

Street Edge:

The exterior boundary of the public right of way the encompasses a street.

Structural Bay:

Building elevation sections that are defined by vertical architectural elements, such as masonry piers.

Stucco:

A course plaster composed of Portland or masonry cement, sand, and hydrated lime, mixed with water and applied in plastic state to form a hard covering for exterior walls.

Terra Cotta:

A hard, semifired, waterproof ceramic clay used in pottery and building construction.

Transom:

A window or series of windows located above a door or a display window.

Transit Station:

A building, structure, or area designed located on a commuter rail line and used for passenger pickup, drop off, embarking, or changing transportation modes. Facilities and improvements may include shelters, benches, signs, structures, and other improvements that provide security, weather protection, and access to nearby services.

Underlying Zoning District:

Any of the zoning districts established by § 3.01 of the Zoning Ordinance, at any location where there is also an overlay district.

Vertical Orientation:

A vertical length that is at least twice the horizontal length.

Visible:

An object, location or feature is “visible” when it is capable of being seen and is legible without visual aid by a person of normal visual acuity, and has no obstructions that hide it from view.

Window, Display:

Transparent glass that is used to display items for sale in a business. “Transparent glass” does not include glass block or glass that is tinted so as to obscure the display items.

SECTION II: BE IN ENACTED AND ORDAINED BY THE AUTHORITY AFORESAID, that this Ordinance shall take effect ten (10) days from the date of its passage, and that all other ordinances or parts of ordinances inconsistent with the provisions of this Ordinance be and the same are hereby repealed to the extent of such inconsistency.

APPROVED: PASSED:

________________________________

JENNIFER P. DOUGHERTY, Mayor JENNIFER P. DOUGHERTY, President

Board of Aldermen

 Reviewed and Approved for Legal Sufficiency: